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1972 to 2008; Over 36 Years of Service to the Commercial, Industrial, and Retail Real Estate Industry
CBPA Weekly eUPDATE
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Friday, September 5, 2008

In This Issue:

BUDGET STALEMATE REACHES DUBIOUS “HISTORIC” STATUS

Your elected leaders of the sixth largest economy in the nation have yet to work out a spending plan for the state. After two months, the stalemate is now the longest in history, and the state of negotiations seem to be in the same spot they were in on June 15th, the Constitutional deadline for the Legislature to send a budget to the Governor.
 

STATUS OF LEGISLATION

Due to the budget stalemate and the Governor’s promise to not sign any bills until a budget is passed, the fate and state of legislation is somewhat unclear. Over the past several weeks legislators have approved 873 bills. Normally those bills go through a short administrative process called “enrollment” then are presented to the Governor for action. All of those bills are now being held in enrollment, which is acting as a little legislative purgatory. Since we are in unchartered territory no one knows exactly when those bills must be acted upon or what happens to them if they aren’t acted upon by a certain date. Traditional interpretations of the rules are that the Governor needs to act on all the bills by the last day of September. However, some are re-interpreting the rules and think he can act as late as November 15th. Many of us are just hoping all the bills die and aren’t too picky about the date it happens…
 

LAND-USE BILL AIMED AT REDUCING GREENHOUSE GASES ADVANCES

Notwithstanding the confusion above… A bill that attempts to lower greenhouse gas (GHG) emissions by mandating regional planning and making new construction more difficult has been passed by the Legislature, on a party line vote, over the strenuous objections of many business groups.

SB 375 (Steinberg; D-Sacramento), sponsored by the Natural Resources Defense Council (NRDC) and the League of Conservation Voters, has taken more than two years to wend its way through the legislative process. Until recently the bill faced unified opposition from a large business coalition that included both residential and commercial developers. However, late-in-the-process amendments included some enticements to homebuilders that removed their opposition and brought them into support of the measure, which has allowed the author and sponsors to claim industry support for the measure.

The bill aims to reduce GHGs by requiring local governments to alter zoning rules and transportation planning to force development into certain areas approved by a regional plan. The remaining opposition coalition (including CBPA, CalChamber, Retailers, Grocers, Manufacturers, and a host of transportation interests, among others) has identified several serious policy issues.

The coalition is asking the Governor to veto the measure. Issues identified include impacts on transportation projects and funding, unequal CEQA benefits depending on project type, the need to remove litigation “hooks,” and the need for the bill to provide a “safe harbor” from AB 32.

At the core of the bill is a fundamental disagreement on land use planning. We will keep you posted.
 

***ACTION ALERT*** STOCKTON BEING STRONG-ARMED BY ATTORNEY GENERAL AND SIERRA CLUB

The City of Stockton recently released a proposed agreement to settle a lawsuit brought by the Sierra Club (with a threat by the State Attorney General, Jerry Brown, to join the lawsuit if not adopted). The settlement agreement mandates, among other things, that the city adopt LEED Silver standards for all non-residential construction and Build it Green standards for all residential construction.

Due to a flood of comments from the public and businesses about the un-workability of the proposed settlement agreement, the city released a slightly revised settlement agreement. The new proposed agreement, however, has the same basic mandates as the original document, and we continue to urge the city council to reject this binding agreement.

The settlement measure was originally brought before the Stockton City Council on Tuesday, August 26, where it was continued for two weeks so the council could further analyze potential impacts. The agreement is scheduled to be debated once again this Tuesday, September 9.

If you have interests in the area, we ask that you call the city council and explain what impacts these measures would have on your ability to invest in the community. At the very least we think the city should reject this deal and negotiate a better agreement that will guide the city in the common goal of GHG’s without hurting the city’s economy in the process:

Council Member Steve Bestolarides, telephone: 209-652-0152
Council Member Rebecca Nabors, telephone: 209-943-5834
Council Member Leslie Martin, telephone: 209-953-7745
Council Member Clem Lee, telephone: 209-466-9722
Mayor Ed Chavez, telephone: 209-937-8244

THANK YOU for any assistance you may be able to provide on this issue. If these bully tactics are not met and dispatched, then they will spread to a city near you!
 

AB 32 CLIMATE CHANGE SESSION

Please join four major industry groups, including the California Chamber of Commerce, California Building Industry Association, California Business Properties Association, and American Council of Engineering Companies of California for a high level discussion and panel presentation on the implementation of AB 32, California’s 2006 Green House Gas (GHG) global warming solutions bill and its resulting impacts on industry.

From land use to transportation planning, residential to commercial development, manufacturing to the retail industry, AB 32 is setting the stage for profound effects that will resonate across California for years to come.

The AB 32 Session will be held in Sacramento on October 2, and is FREE FOR MEMBERS. Space is limited and attendance is on a first-come first-serve, so sign up now. Click here for more information.
 

2008 INDUSTRY AWARDS GALA

The Industry Awards Dinner is scheduled for October 23, 2008 at The Island Hotel in Newport Beach. This event is not to be missed as it is a chance to recognize the unwavering leadership of individuals and companies dedicated to our industry. Click here for more information about the honorees and for sponsorship information.
 

CBPA 2008 CALENDAR

October 23-

CBPA Board Meeting
The Irvine Company, Newport Beach

2008 Industry Awards Dinner
Island Hotel, Newport Beach
 

 
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